Overview
This regulation provides that contracting authorities must not disclose information that has been designated as confidential by a supplier (i.e. economic operator); including technical or trade secrets and confidential aspects of tenders. The requirement not to disclose confidential information is subject to certain exceptions as referred to in this regulation. Additionally, contracting authorities are permitted to set requirements for suppliers to protect the confidentiality of information that they share during the procurement process.
Objective at this commercial stage
Confidential information obtained from suppliers during market consultation and engagement should not be disclosed by contracting authorities. Equally, requirements may be imposed on suppliers with the aim of protecting confidential information made available by the contracting authority during pre-market engagement.
Key considerations at this commercial stage
Contracting authorities should:
- ensure information obtained from suppliers during the consultation and engagement stage which is confidential cannot, in principle, be disclosed by the contracting authority
- ensure appropriate safeguards are placed on suppliers to protect confidential information made available during pre-market engagement.
Legal framework
See also in the Procurement Act 2023:
- Section 30: Excluding suppliers for improper behaviour
- Section 94: General exemptions from duties to publish or disclose information
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
